Ord 2276 - Amending Chapter 4 Animals and FowlORDINANCE 2276
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AMENDING CHAPTER 4 OF THE LOS GATOS TOWN CODE
ENTITLED ANIMALS AND FOWL
WHEREAS, Chapter 4 of the Town Code entitled Animals and Fowl provides for the regulation
and control of animals in the incorporated areas of the Town of Los Gatos; and
WHEREAS, a comparison review of Chapter 4 was undertaken to examine for accuracy,
relevance, streamlining, and language; and
WHEREAS, this amendment to the Town's Municipal Code is necessary for the health, safety
and welfare of the Town and its inhabitants.
NOW, THEREFORE, the Town Council of Los Gatos does ordain as follows:
SECTION 1. AMENDMENT OF MUNICIPAL CODE. Chapter 4, Animals and Fowl is hereby
amended to read as follows:
Chapter 4 — ANIMALS AND FOWL
ARTICLE I. - IN GENERAL
Sec. 4.10.005. - Adoption.
The animals and fowl ordinance of the County of Santa Clara as that ordinance is set out below
with conforming amendments and deletions is adopted as and for the domestic animal code of
the Town of Los Gatos with the exception of regulations governing horses which are set out
more fully below in section 4.120.005 and following.
Sec. 4.10.010. - Definitions.
The words and terms used in this chapter shall have the following meanings unless the context
clearly indicates otherwise.
a. Abandoned animal: An animal that is left without proper and necessary care for the
animal's well -being for more than twenty -four hours or an unreasonable period of time
as needed for the age and species involved. "Abandoned animal" shall also mean any
animal, lawfully impounded by the Town, for which the owner has not paid fees, rates or
charges relating to the detention of the animal. This does not include the return of a feral
cat to its original location by a person engaged in the practice of Trap- Neuter - Return
(TNR) with a valid Rescue or TNR organization.
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b. Animal: Any multi - celled living creature other than plants and humans, including but not
limited to birds, cats, dogs, fishes, fowl, rabbits, and reptiles.
c. Animal control officer: Any person or agency authorized to act on behalf of the Town
Manager in the enforcement of this chapter, and on behalf of the County Health Officer
in the enforcement of rabies control laws and in the enforcement of state laws.
d. Animal menagerie: Any place where dangerous animals are kept or maintained for any
purpose, including places where dangerous animals are boarded, exhibited, trained, or
kept for hire.
e. Animal shelter: A facility operated by a public jurisdiction or by an accredited, tax - exempt
humane organization for the purpose of impounding, harboring, selling, placing, or
destroying seized, stray, distressed, homeless, abandoned, or unwanted animals.
f. Animal rescuer: Any person or organization that provides temporary housing and care for
domestic animals with the purpose of placing those animals with a new and permanent
owner in a new home and that provides evidence satisfactory to the Town Manager or
Town Attorney of a history of active placement or an affiliation with a recognized group
with a history of active placement.
g. Apiary: Bees, hives and associated appliances wherever the same are kept, located or
found.
h. At large:
(1) The presence of any animal when it is off the premises of its owner and not restrained
by a maximum six -foot leash under the direct physical control of a person physically
capable of retaining control of the animal; or
(2) When the animal is on the premises of its owner and not restrained by a 6 -foot leash,
fence or other adequate enclosure sufficient to prevent ingress and egress of the animal
or not under the control and /or the immediate presence of its owner; or
(3) When a female dog is in estrus and not within a house, vehicle or other enclosure
adequate to prevent male dogs gaining access to the female dog.
i. Bees: Honey - producing insects of the species Apis mellifera, including the adults, eggs,
larvae, pupae, or other immature states thereof, together with such materials as are
deposited into hives by their adults, except honey and rendered beeswax.
j. Cat: A domestic cat (Fells catus).
k. Commercial kennel: Any location or facility where the commercial breeding of dogs or
cats, or both, for sale, individually or in litter lots occurs; or any location where the
boarding, training, sale or hire of dogs and /or cats for compensation is conducted. Except
that animal hospitals maintained by a veterinarian licensed by the State of California as
part of the practice of veterinary medicine, animal shelters, or private kennels shall not
be considered commercial kennels.
I. Dangerous animal: Any wild or exotic mammal, reptile or fowl which is not naturally tame
or gentle, but is of a wild nature or disposition, and which, because of its size, vicious
nature, or other characteristics constitutes a danger to human life, other animals, or
property.
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m. Dangerous dog: Any dog, except a dog assisting a peace officer engaged in law
enforcement duties, that:
(1) Without provocation, has bitten a person while on public or private property;
(2) Hasa known propensity, tendency or disposition for unprovoked attack, causing injury
and threatening the safety of people or domestic animals;
(3) Without provocation, chases or approaches people or domestic animals on the
streets, sidewalks or any public grounds in a threatening manner or apparent attitude of
attack;
(4) Has been specifically trained to guard persons and /or property;
(5) Has killed or inflicted severe injury on a domestic animal on public or private
property;
(6) Has been declared potentially dangerous, dangerous or vicious in another
jurisdiction: or
(7) Has, after having been designated potentially dangerous, engaged in the same
behavior that resulted in that designation or that defines a potentially dangerous dog.
n. Dog: A domestic dog (Canis familioris).
o. Domestic animal: Any animals that are lawfully and commonly kept as pets including, but
not limited to dogs, cats and birds, rabbits and fowl.
p. Domestic bird: Birds that are lawfully and commonly kept as pets, including, but not
limited to, budgies, canaries, cardinals, cockatiels, cockatoos, finches, lories, lorikeets,
lovebirds, macaws, parakeets, parrots, sparrows, toucans and weavers.
q. Euthanasia: The humane destruction of an animal.
r. Exotic: Any animal not normally kept as a domestic or household pet, fowl, livestock,
including but not limited to lions, tigers and monkeys.
s. Feral animal: A domestic animal which is or has become homeless, or stray, or wild, or
untamed.
t. Fowl: Any larger domestic bird such as a domesticated chicken, duck, goose, guinea fowl,
peafowl, peacock, turkey, dove, pigeon, game bird or similar bird intended for human
consumption or for the production of eggs for human consumption.
u. Grooming parlor: Any commercial place where animals are trimmed, bathed, or
groomed.
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v. Guardian: An owner of an animal with the same duties and obligations under this title as
F.LI�Pd /i1:7i1
w. Harbored: The feeding or sheltering of an animal for three or more consecutive days.
x. Health officer: The director of public health or any person authorized to act on his or her
behalf.
y. Hearing officer: A person designated by the Town Manager or the Town Manager's
designee to hear and decide any matter authorized pursuant to this Title. The
designated hearing officer shall be an impartial person, such as: (1) a Town employee
from a department not involved in the prosecution of the matter to be decided, or (2) a
person selected from a panel of hearing officers of any size assembled by the Town
Manager or the Town Manager's designee, or (3) a person hired from an organization
which provides hearing officers. Hearing officers shall be selected in such a manner that
the hearing officer does not have a financial incentive to decide a matter to a particular
conclusion. The employment, performance evaluation, compensation and benefits of
the hearing officer shall not be directly or indirectly conditioned upon or affected by the
result of any lawfully performed hearing.
z. Horse establishment: Any person keeping three (3) or more horses, donkeys, mules,
jack, hinny, jenny burros, or ponies for any or all of the following purposes:
(1) For hire to be ridden or driven;
(2) For giving riding instructions;
(3) for boarding with compensation.
aa. Livestock: All domestic or domesticated bovine (cattle type), equine (horse type), ovine
(sheep type), porcine (swine type), corvine (deer type), caprine (goat type), and ratite
(ostrich type) animals.
bb. Lot: A single parcel of land for which a legal description is filed of record or the
boundaries of which are shown on a subdivision map or record of survey filed in the
Office of the Santa Clara County Recorder.
cc. Manager or Town Manager: Town Manager or any person authorized or designated by
the Town Manager to act on the Town Manager's behalf.
dd. Owner: Any person who acknowledges ownership of an animal or who harbors or keeps
an animal for five (5) or more consecutive days. Owner means a natural person over the
age of eighteen who owns, possesses, harbors, controls or has custody of an animal. All
adults residing at the same property address shall be rebuttably presumed to be the
owner of any animal owned, possessed, harbored or controlled on the property. If an
entity other than a natural person claims ownership of an animal, every natural person
that exercises control over, or has an ownership interest in the entity has been deemed
to be an owner of the animal for purpose of this Title.
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ee. Ownership: Any person keeping, harboring, controlling, having custody of, or
possessing one or more animals for a period of not less than five days.
ff. Person: Any individual, establishment, firm, association, organization, partnership,
trust, corporation, or company.
gg. Pet: Any animal kept for pleasure rather than utility.
hh. Pet shop: A location or facility where animals are offered for sale, exchange, barter, or
hire to the general public.
ii. Police dog: Any dog that is officially used by a peace officer in the course of law
enforcement duties.
jj. Potentially dangerous dog: Any dog, except a dog assisting a peace officer engaged in
law enforcement duties, that:
1) Without provocation, on two separate occasions within the prior 36 -month period,
threatens the safety of persons while the persons are off the property of the owner
or keeper of the dog;
2) Without provocation, on two separate occasions within the prior 36 -month period,
while off the property of the owner or keeper of the dog, chases or approaches
humans or domestic animals or livestock in a threatening manner or apparent attitude
of attack or manner which require the persons to take defensive action; or
3) Injures a domestic animal to an extent that is less than severe but which requires
veterinary care.
kk. Premises: Any lot or parcel of land owned, leased or rented by a person.
II. Private kennel: A person who maintains within or adjoining his or her private residence
four (4) or more dogs over four (4) months of age, or five (5) or more cats over four (4)
months of age, but no more than a combined total of seven (7) dogs and cats; such
animals are for that person's recreational use or for exhibition in conformation shows,
field or obedience trials and where the sale of offspring is not the primary function of
the kennel. The maintenance of more than two (2) male dogs or cats used for breeding
purposes for which compensation is received, or the parturition and rearing of more
than two (2) litters of dogs or cats in any one (1) calendar year from the total number of
females owned or maintained by that person on the premises, shall be a rebuttable
presumption that such animals are owned or maintained for the purposes of
commercial breeding; and the owner of the premises shall be subject to the permit
requirements of a commercial kennel.
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mm. Provocation:
1) Any deliberate act by a person towards a dog or any other animal done with the intent
to tease, torment, abuse, assault, or otherwise cause a reaction by the dog or other
animal; provided, however, that any act by a person done with the intent to
discourage or prevent a dog or other animal from attacking shall not be considered to
be a provocation.
2) An act intended, or which would be reasonably understood to cause bodily injury to
the dog's owner, owner's family, owner's property or domestic animals, in the
presence of the dog; or
3) The entry into a private, fully enclosed area of the owner's real property with the
intent of committing a crime or injuring a person.
nn. Public place: Includes but is not limited to, streets, highways, sidewalks, carnivals,
shopping malls, parks and areas in front of commercial establishments, or any other
area that is customarily open to the general public.
oo. Quarantine: Isolation of an animal in a place and manner approved by the health office
or animal control officer.
pp. Service animal: An animal that is individually trained to do the work or perform tasks
for people with disabilities. Examples of such work or tasks include guiding people who
are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a
person who is having a seizure, reminding a person with mental illness or limitations to
take prescribed medications, calming a person with Post Traumatic Stress Disorder
(PTSD) during an anxiety attack, or performing other duties. Service animals are working
animals and the work or task an animal has been trained to provide must be directly
related to the person's disability. Animals whose sole function is to provide comfort or
emotional support do not qualify as service animals. Miniature Horses that have been
individually trained to do work or perform tasks for people with disabilities may also
qualify as service animals provided: a) They are house broken; b) They are under the
owner's control; c) Town facilities can accommodate the miniature horse's type, size
and weight; and d) That the miniature horse's presence will not compromise legitimate
safety requirements necessary for safe operations of the facility.
qq. Severe injury: Any physical injury to a human being or animal that results in muscle
tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic
surgery.
rr. Trap- Neuter - Return: The process of humanely trapping, sterilizing, vaccinating for rabies,
ear tipping, obtaining veterinary treatment for, and returning feral cats to their original
location.
ss. Trap- Neuter - Return Organization: Any organization or person duly affiliated with said
organization that engages in the process of humanely trapping feral cats for the purpose
of providing sterilization, vaccination or veterinary treatment for those animals and that
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provides evidence satisfactory to the Town Manager or Town Attorney of an affiliation
with a recognized group with a history of active Trap- Neuter - Return activity.
tt. Trespass: The entry into a private, fully enclosed area of the owner's real property with
the intent of committing a crime or injuring a person.
uu. Vaccination: A protective inoculation against rabies with an anti - rabies vaccine
recognized and approved by the Santa Clara County Health Department.
vv. Veterinary hospital: Any establishment maintained and operated by a licensed
veterinarian for surgery, and /or the diagnosis and treatment of diseases and injuries of
animals.
ww. Vicious dog: Any dog, except a dog assisting a peace officer engaged in law
enforcement duties, that has committed or meets any one of the following:
1) Caused a severe injury to or killed a human being on public or private property;
2) Has, after having been designated dangerous, engaged in the same behavior that
resulted in that designation or other behaviors defined in the Dangerous designation.
xx. Wild animal: Any animal as defined by Fish and Game Code Section 4000, as may be
amended, and game mammals as defined by Fish and Game Code Section 3950, as may be
amended. Wild animal means all mammals wild by nature, and /or that can survive in their
natural environment without the help of people. Some examples include, but are not
exclusive to: deer, bears, squirrels, coyotes, skunks, foxes, raccoons, and the like.
Cross reference— Definitions and rules of construction generally, § 1.10.015.
Sec. 4.10.015. - Chapter not to regulate use of land.
This chapter is not intended to regulate the use of land. Other provisions of the Town Code
regulate the number and types of animals and animal establishments that may be maintained
in specific zoning districts. Nothing in this chapter is intended to supersede any provision of the
Town of Los Gatos Zoning Regulations.
Sec. 4.10.020. - Animals running at large.
No person owning or having control of any animal shall permit such animal to stray or run at
large upon any public street or other public place, or upon any private place or property or
common area of any planned development, cluster, townhouse or condominium project,
without the consent of the owner or person in control thereof.
Sec. 4.10.025. - Conditions related only to seizures of dogs running at large.
(a) An animal control officer shall not seize or impound a dog for running at large in violation
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of section 4.10.020 when the dog has not strayed from and is upon private property
owned by the dog owner or the person who has a right to control the dog, or upon private
property to which the dog owner or person who has a right to control the dog has a right
of possession.
(b) A dog that has strayed from but then returned to the private property of its owner or the
person who has a right to control the dog shall not be seized or impounded merely for
violation of section 4.10.020, but in such a case a citation for such violation may be issued;
provided, however, that if in such a situation, the owner or the person who has a right to
control the dog is not at home, or the premises are not secure such as to prevent the dog
from straying from the private property owned by the dog owner again, the dog may be
impounded, but the officer shall post a notice of such impoundment on the front door of
the living unit of the owner or person who has a right to control the dog. This notice shall
state the following: that the dog has been impounded, where the dog is being held, the
name, address and telephone number of the agency or person to be contacted regarding
release of the dog, and an indication of the ultimate disposition of the dog if no action to
regain it is taken within a specified period of time by its owner or by the person who has
a right to control the dog.
(c) This section shall not otherwise affect the authority of an animal control officer to seize
or impound a dog or issue citations as a result of the violation of any sections of this
Chapter 4 other than section 4.1O.O25(a).
Sec. 4.10.030. - Animal bites, quarantine, violation and examinations.
(a) Any person having knowledge that any animal is known to have or is suspected of having
bitten any person shall immediately report that fact to the Animal Control Agency or
health officer with full information with regard to the incident.
(b) Upon receipt of such a report, an animal control officer is authorized to seize the animal
and quarantine such animal for a period of ten (10) days or such other period as may be
prescribed by the state department of health or determined to be in the best interest of
public safety by the animal control officer. The health officer or animal control officer may
permit the owner to quarantine the animal on the owner's premises or at an approved
boarding facility.
(c) Any person who fails, refuses or neglects to quarantine any animal as ordered by the
health or animal control officer, or who refuses to allow the health or animal control
officer to inspect any private premises where the animal is kept, is guilty of a
misdemeanor. No animal shall be removed or released during the quarantine period
without written permission of the health or animal control officer.
(d) The Town Manager may charge a fee, as set forth in a resolution of the Town Council for
the Town's costs of quarantining dogs and inspections for quarantine of animals. Any fee
charged shall be paid by the owner or person who has legal custody of the animal. Such a
fee shall be in addition to the actual costs of the health or animal control officer in
housing, feeding and otherwise caring for a quarantined animal.
(e) The specimens of any animal that dies or is destroyed while under quarantine shall be
submitted to the laboratory of the County health department for rabies examination.
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Sec. 4.10.035. - Diseased animals.
(a) The owner or person with the right to control any animal that the person knows to be
infected with any disease transmittable to humans shall not permit that animal to remain
within the County other than at a veterinary hospital approved by the health officer,
unless the health officer expressly approves an alternate means of confinement.
(b) The animal control officer will seize any animal to be infected with any disease
transmittable to humans. The animal control officer will keep such animal in a safe place
for a period sufficient to observe examination and determined whether such animal is
diseased.
(c) Diseased or vicious animals which are a danger to public health or safety shall be
impounded and may be destroyed.
Sec. 4.10.040. - Dead animals.
(a) Upon the death of any animal, the owner or person in charge thereof shall provide for the
burial, incineration, or other disposition of the body of such animal. If the owner or person
in charge of any dead animal is unable to provide for burial or other disposition, he or she
may request the animal control officer to dispose of the body of such animal.
(b) Upon learning that the body of a dead animal has not been disposed of in a safe and
sanitary manner, the animal control officer will remove the animal's body immediately;
provided, however, that the animal control officer shall not be required to remove and
dispose of bodies of dead animals on state highways or on state property. Before
disposing of the body of a dead animal, the animal control officer will give notice to the
owner of the animal, if known, within seventy -two (72) hours of the time that the dead
animal is removed.
(c) The Town Manager will collect a fee sufficient to defray the costs incident to removal and
disposal of dead animals which shall be paid by the owner or person in charge thereof, if
known; but no fee shall be charged to the owner or person in charge of a dead dog or cat
if that person has attained the age of sixty -five (65) years.
Sec. 4.10.045. - Abandoned animals.
It is unlawful to abandon any animal in the Town, as defined by Section 4.10.010(a).
Sec. 4.10.050. - Animals in Town buildings.
No person having the control or care of any animal or animals shall permit any such animal to
enter or remain in Town -owned or managed buildings other than a building used for the
purpose of care, detention, space control or treatment of animals, or a building used for
training classes, shows or exhibitions, with the exception of service animals, as defined by state
law, or dogs used in law enforcement by a governmental agency, or persons expressly
authorized by the Town Manager.
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Sec. 4.10.055. - Authority of Town Manager and animal control officer.
The Town Manager and animal control officer shall have the following power and authority:
(a) To enforce the provisions of this chapter and state laws relating to the care, treatment,
impounding and destruction of animals.
(b) To arrest any person who violates any provision of this chapter in the manner provided
by section 836.5 of the Penal Code.
(c) Animal control officer to issue citation pursuant to section 6078 of the Civil Code.
(d) To act as a public officer pursuant to Food and Agricultural Code section 7.
(e) The Town Manager may formulate rules and regulations in conformity with and for the
purpose of carrying out the intent of this chapter. Such rules and regulations shall have
the same force and effect as this ordinance when adopted by the Town Council and any
violation shall be deemed a violation of the Town Code.
(f) Pursuant to Civil Code section 6078, the Town Manager may deputize as an animal control
officer any officer of any animal control organization.
(g) The animal control officer and Town Manager, relying on the expertise of the animal
control officer, may make the determination whether an animal poses a threat to the
public health and safety. If it is determined that the animal poses such a threat, the Town
Manager and animal control officer: a) may take no further action against the animal, b)
may order conditions regarding care and keeping of the animal, c) may require that the
animal owner secure a permit to keep such animal, d) may require that the animal be
permanently removed from the Town, e) may designate the animal Potentially
Dangerous, Dangerous, or Vicious, f) may decide that the owner will lose all rights of
ownership and control of the animal, or g) may order the animal destroyed. Any owner
of an animal who is dissatisfied with the determination made by the animal control officer
and /or Town Manager may follow the procedures in Section 4.30.030- 4.40.045.
Sec. 4.10.060. - Inspection by animal control officer.
(a) The Town Manager and /or an animal control officer shall have the power to enter upon
and inspect any premises where any animal is kept or harbored when such entry is
necessary to enforce the provisions of this chapter. An inspection or search warrant will
be obtained whenever required by law unless such requirement is waived by the
occupant of the premises by granting consent to enter and inspect.
(b) This entry and inspection will be made only after the occupant of the premises, if any, has
been given written or oral notice of the inspection by the Town Manager and /or an animal
control officer. If the land is unoccupied, the Town Manager and /or animal control officer
will make a reasonable effort to locate the owner or other person having control of the
property before making entry.
(c) Notwithstanding the foregoing, if the Town Manager and /or an animal control officer has
reasonable cause to believe the keeping or maintaining of any animal is so hazardous as
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to require an immediate inspection to save the animal or protect public health or safety,
the Town Manager and /or animal control officer shall have the power, under this Code
and the provisions of Penal Code section 597.1, to immediately enter and inspect the
property with the use of reasonable force. If the property is occupied in such a
circumstance, the Town Manager and /or an animal control officer will first attempt to
notify the occupant and demand entry. Failure or refusal to permit such an inspection
constitutes a misdemeanor.
(d) Each animal control officer shall have and is hereby vested with the authority of a peace
officer to the extent provided by law, see Penal Code section 830.9. Each animal control
officer may, in the performance of his /her duties, enter upon any property to ascertain if
any of the provisions of the chapter or any State laws relating to disease, care, treatment,
impounding of, or cruelty to animals are being violated. Each animal control officer may
serve warrants and make citations or arrests for the violation of the provisions of this
chapter or any State laws in the manner provided by law.
Sec. 4.10.065. - Poisoning and abusing dogs, cats or other domestic animals.
In addition to Penal Code section 596, it shall be unlawful for any person to willfully administer
poison to any dog, cat, or other domestic animal or to willfully place, expose or leave poisonous
or harmful substances of any kind in any place with intent to injure or kill any dog, cat, or other
domestic animal. Further, it shall be unlawful for any person to maliciously kill, maim, wound,
mutilate, torment, torture, or physically abuse any animal.
Sec. 4.10.070. - Public nuisance.
(a) No person owning or having control of any animal shall permit the animal to do any of
the following:
(1) Defecate or urinate on private property (other than that of the owner or the
person having control of the animal);
(2) Defecate on public property without immediately removing the excrement to a
proper receptacle;
(3) Permit an animal to obstruct or interfere with the reasonable and comfortable use
of property by chasing vehicles, molesting passersby, barking, howling, baying, or
making any other noise;
(4) Permit unsanitary or improper conditions to exist on the premises where that
animal is kept that would cause odors, attract flies or vermin, or otherwise be
injurious to public health and safety, or injurious to the health and safety of the
animal, or be indecent, or offensive to the senses, or be such an obstruction to the
free use of property so as to interfere with the comfortable enjoyment of life or
property by other persons;
(5) Trespass on school grounds;
(6) Attack or bite other humans or animals;
(7) Damage private or public property;
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(8) Repeatedly run at large;
(9) Run at large while in the stage of estrus;
(10) Howl, bark, meow, squawk, or make other noises continuously and /or incessantly
for a period of ten (10) minutes or intermittently for one -half (112) hour or more
which creates a noise disturbance across a residential or commercial property
plane or within a noise sensitive zone shall be prohibited. For the purpose of this
chapter, the animal or bird noise shall not be deemed a disturbance if a person is
trespassing or threatening to trespass upon private property in or upon which the
animal or bird is situated or for any other legitimate cause which teased or
provoked the animal or bird.
(b) The animal control officer may seize and impound any animal causing or creating a public
nuisance.
(c) A violation of this section, or any section of this Code which designates nuisance conduct,
is hereby declared to be a public nuisance. Violations of this section can be charged as an
infraction or a misdemeanor and prosecuted criminally, civilly, or administratively. The
remedies provided in this section are not exclusive and nothing in this section shall
preclude the use or application of any other remedies, penalties or procedures
established by law.
(d) Any private person may maintain an action under Civil Code section 3493 for enforcement
of this section declaring certain acts a public nuisance, if such acts are specifically injurious
to that person.
Sec. 4.10.075. - Animals and vehicles.
(a) Other than an individual actually in the process of working a dog or other animal for
ranching purposes, no person shall transport or carry an animal in a motor vehicle, unless
the animal is safely enclosed within the vehicle by means of a container, cage, or other
device that will prevent the animal from falling from, jumping from, or being thrown from
the motor vehicle.
(b) No person shall leave any dog or other animal in an unattended motor vehicle without
adequate ventilation or in such a manner as to subject the animal to extreme
temperatures that may adversely affect the health or well -being of the animal.
(c) An animal control officer, police officer or safety officer is authorized to use reasonable
force to remove an animal from a vehicle when it appears that the animal's health, safety
or welfare is or will be endangered.
Sec. 4.10.080. - Interference with police dogs or horses.
No person shall injure, torture, tease, kick, strike, mutilate, disable, kill or otherwise
interfere with any police dog or horse within the jurisdictional boundaries of the Town while
the police dog(s) or horse is in the custody of a police officer and /or is being used in the
performance of official duties.
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Sec. 4.10.085. - Feeding of animals on public and private property.
(a) It is unlawful for any person to feed, cause to be fed, offer food to any feral or wild animal,
or to scatter food, seed or other forms of matter edible to feral or wild animals
(collectively referred to as "feed" or "feeding ") on any public property (which includes,
but is not limited to, public buildings, streets, street rights -of -way, sidewalks, driveways,
parks, school grounds, public facilities or any other public property), or portion thereof,
in the Town.
(b) This section does not apply to Town or other public agency- authorized events or
programs.
(c) It is unlawful and a violation of state law for any person to feed, cause to be fed, offer
food to or scatter food, seed or other forms of matter edible (collectively referred to as
"feed" or "feeding ") to any wild animals on public or private property. No person may
leave, store, or maintain any attractant or food in a location and manner accessible to any
wild animal on public or private property.
(d) It is unlawful for any person to feed, cause to be fed, offer food to or scatter food, seed
or other forms of matter edible (collectively referred to as "feed" or "feeding ") to feral
animals on any private property not owned by the feeder, or on any private property that
is shared by multiple people, such as condominiums, townhouses or apartment
complexes, without the express written consent of the owner of the property and all
tenants /residents living on that property.
(e) The prohibitions in subsections a, c, and d do not apply to:
1. Any person who is the legal owner /guardian of the wild animal and the wild animal is
kept under a valid license or permit issued by the State Department of Fish and Game,
and in compliance with all applicable laws.
2. Any person who feeds or provides an attractant or food to a trapped, injured, or
unweaned animal between the time that the agency charged with animal control, or its
designated agent, is notified of the animal and the animal is picked up by said agency.
3. A wildlife rehabilitator.
4. An animal rescuer as defined by this Code or a valid organization engaged in the
practice of Trap, Neuter and Return (TNR) who is using an attractant or food to trap an
animal for the purpose of rescue work, placing the animal(s) in permanent homes or
foster homes, or trapping the animal for the purpose of sterilizing, vaccinating for
rabies, ear - tipping or obtaining other veterinary care, in compliance with any applicable
federal or state law and under the supervision of a licensed veterinarian, where
applicable. Said person or organization must first complete all of the following:
a) Register with the Town Manager and show satisfactory evidence of a history
of or affiliation with a recognized group with a history of active placement or
TNR activity and obtain a permit before engaging in rescue or TNR practices.
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b) Said person or organization must provide information to the Town Manager
showing the location where the rescue or TNR work is to take place, the
proposed method for placement and removal of the attractant, and the length of
time they expect to engage in the rescue or TNR work at this location.
c) The use of attractants or food to trap the animal for these purposes must
comply with best practices and guidelines for feeding as established by the
agency charged with animal control, or Town of Los Gatos, and reputable rescue
or TNR agencies. These guidelines should include, but not necessarily be limited
to, putting out only an amount of food that can be consumed by the target
animal(s) in 30 minutes, putting out food at the same place and same time each
incidence of feeding to establish a pattern, not overfeeding, and picking up and
removing any remaining food after 30 minutes of first placing it down to prevent
wildlife, litter, sanitation issues, and other nuisance consequences.
d) Any permit or permission issued by the Town Manager can be revoked at any
time if the Town Manager or animal control officer determines the conduct
violates the requirements for the permit.
e) Any permit issued under this Article shall expire six (6) months from date of
issuance. The procedure for the renewal of a permit shall be the same as for an
original permit.
f) Upon failure to make application for the renewal of a permit within thirty (30)
days of the expiration of a permit, or prior thereto, the applicant's permit could
be denied and the applicant, if the permit is renewed, shall pay in addition to the
permit fee, a penalty for late renewal as set forth by Town Council resolution.
5. Any person with a bird feeder provided the feeders are suspended on a cable or other
device to make them inaccessible to wild animals and the area below the feeders are
kept free from the accumulation of seed debris.
6. A landlord or property owner can be liable for the nuisance conduct of renters or
tenants on their property.
ARTICLE II. - MISCELLANEOUS ANIMALS
Sec. 4.20.005 — Animal maintenance and duties of owners
(a) The provisions of this section shall be in addition to, or not in lieu of, any other regulations
contained in this Code or in any other ordinance of the Town regarding the keeping and
maintenance of animals.
(b) The owner of every animal shall have the duty to keep and maintain such animal in a
healthy and sanitary condition, and shall have the duty to supply such animal with clean
and appropriate food, water and suitable shelter. All animal enclosures and shelters shall
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be kept in a clean and sanitary condition, and free from all noxious odors or substances.
They shall be of suitable size and situated to prevent exposing the animal to unreasonably
loud noise, or teasing, abuse or injury by another animal or person.
(c) The keeping of any animal in such a manner as to create unhealthy or unsanitary
conditions is hereby prohibited and declared to be a nuisance.
Sec. 4.20.010 —Care and keeping requirements — Generally.
No animal shall be sheltered or confined or tethered or kept in a manner which subjects them
to unnecessary suffering or cruelty. Minimum space for animals in pens should be that which
appropriately fits the size of the animal, allowing for the animal to stand up, turn around,
stretch and make natural movements, appropriate for the age and species. All animals shall
receive appropriate veterinary treatment when such treatment is necessary to alleviate the
animal's suffering or prevent the transmission of disease.
Sec. 4.20.015. - Restrictions on keeping of certain animals and fowl —Generally.
(a) It shall be unlawful for any person to keep or maintain any bovine animal, sheep, hog
swine, goat, live hare, rabbit, chicken, duck, turkey, goose, pigeon or other fowl except
as provided in this article and Chapter 29 of this Code.
(b) Any person maintaining any such animal or fowl within the Town shall keep the
premises upon which such is kept fenced, or if such animal is staked, so as to keep the
animal or fowl from leaving the premises upon which such is kept, and shall not permit
such animal or fowl to run at large upon any public place or upon the property of any
other person.
(c) No person shall keep more than two (2) swine within the Town nor shall they be kept
within three hundred (300) feet of any dwelling in the Town.
The requirements for the keeping of horses are listed in Article XII of this Chapter and
the provisions of Chapter 29.
ARTICLE III. - IMPOUNDMENT OF ANIMALS
Sec. 4.30.005. - Fees for impounding and keeping.
(a) An impoundment fee shall be charged to the owner of the animal impounded, in an
amount fixed by resolution of the Town Council.
(b) In addition, a fee for keeping an impounded animal shall be charged in an amount
sufficient to defray the costs of keeping the animal, as determined by the Town Manager.
Sec. 4.30.010. - Redemption of impounded animals.
The Town Manager or animal control officer may permit an owner or other person entitled to
custody of an impounded animal to redeem the animal. No animal may be redeemed without
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payment of the fees for impounding and keeping the animal, and without compliance with the
licensing provision of this chapter. The Town Manager may waive the cost of impoundment and
boarding only for the first impoundment of the animal and if there is no prior violation of any
offense involving state, county or city animal control laws, in cases of hardship, based on a
proven inability to meet ongoing family expenses for the necessities of living including, but not
limited to, food, clothing and shelter.
Sec. 4.30.015. - Notification of impoundment.
The animal control officer will give notice of impoundment to the owner of every animal
impounded, if he or she is known, by either posting a written notice of the impound in a
conspicuous place at the owner's residence, or personally delivering the notice to the owner on
the day of the impound. The notice shall advise the owner that the animal may be forfeited
unless the owner contacts the Animal Control Agency within the state mandated holding
period, under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be
amended. The notice shall set forth a telephone number to contact the Animal Control Agency
Sec. 4.30.020. - Disposition of impounded animals.
(a) No animal may be disposed of until the expiration of the state mandated holding period,
under Food and Agricultural Code Sections 31754, 31752 and 31108, as may be amended.
exclusive of the day of impoundment and the days that the impounding facility is closed
to the public.
(b) Notwithstanding anything to the contrary, an animal which has been determined by a
veterinarian licensed by the State of California or by other authorized personnel to be
diseased or injured to the extent that emergency veterinary care will not alleviate intense
suffering will be destroyed in accordance with all State and County humane laws as soon
as possible.
(c) Any unsterilized dog or cat impounded twice or more from the same owner within the
lifetime of the animal shall be sterilized at the owner's expense prior to redemption. At
the option of the owner, a private veterinarian may perform the required spaying or
neutering. The impounding agency may require that transportation to a private
veterinarian be performed by the impounding agency. The owner may request a hearing
within three (3) days of the impoundment on the topic of sterilization, using the same
procedure as set forth in Sec. 4.30.030 (c ) — (e).
Sec. 4.30.025. - Duty to inquire.
The animal owner /guardian and person with a right to control the animal has a duty to inquire
with the administrator to learn if the animal has been impounded whenever the animal is
known to have been missing from the property of the animal owner /guardian or person with a
right to control the animal for more than two (2) hours and neither the animal owner /guardian
nor the person with a right to control the animal has received a notice pursuant to Section
4.30.015.
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Sec. 4.30.030. - Summary seizure and post- seizure hearing.
(a) Except as provided in Section 4.10.025, an animal control officer may seize and impound
an animal for violation of any provision of this Chapter or State law prior to a hearing in
any of the following situations where the owner is not present and where the officer
reasonably believes it is necessary:
(1) To protect health, safety and property; or
(2) To protect an animal that is injured, sick, or starving and should be cared for.
(b) Even when the person owning or having the right to control any animal is present, an
animal control officer may seize or impound any animal that the officer reasonably
believes to be infected with disease transmittable to humans, potentially dangerous,
dangerous, or vicious so as to be a threat to public health, safety or property. Such seizure
or impoundment may be made even though the animal is confined at the time of the
seizure or impoundment.
(c) If the owner or person with the right to control the animal wishes to challenge the seizure
or impoundment, he or she shall so advise the Town Manager, in writing, within seventy -
two (72) hours after the seizure or impoundment.
(d) The Town Manager will promptly set the time and place for the hearing and will cause
notice of such hearing to be mailed to the requesting party no later than five (5) days
before the hearing.
(e) The hearing will be conducted as set forth in Section 4.30.040.
(f) Potentially dangerous, dangerous, or vicious dog designations are subject to the hearing
procedure of 4.30.035 — 4.30.045.
Sec. 4.30.035. - Hearing regarding deprivation, impoundment, or after determination of
conditions for keeping and /or designation of the animal as potentially dangerous, dangerous or
vicious.
(a) Any owner of an animal who objects to the seizure or impound of the animal may
challenge the seizure or impound by advising the Town Manager in writing, within
seventy -two (72) hours after the seizure or impoundment and request an appeal hearing.
Notice must be made to the Town Manager, not to the animal control officer.
(b) Any owner of an animal who is dissatisfied with the determination by the Town Manager
or Animal control officer of whether the animal poses a threat to health and safety, or
who objects to the conditions of care and keeping or designation of the animal imposed
by the Town Manager or animal control officer may appeal such determination in writing
within seventy -two hours (72) of the seizure or imposing of conditions or designation to
the Town Manager.
(c) The Town Manager shall set a time and place for the hearing and shall cause notice of the
hearing to be given to the owner at least five days before the date of the hearing. If that
notice is given by mail, five days will be added to the notice period. If the animal is
impounded, the hearing before the Town Manager or designee will be set no more than
fifteen (15) calendar days from the date the request for a hearing is received by the Town.
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If the animal is not impounded, the hearing before the Town Manager or hearing officer
designee will be set no later than sixty (60) days from the date the request for a hearing
is received by the Town. Hearing dates can be continued for good cause. Costs of
impound, if any, will continue to accrue. Hearings will be conducted in conformance with
Sections 4.30.040 — 4.30.045.
Sec. 4.30.040. - Appeal hearing.
(a) At the appeal hearing, the petitioner and the Town may be represented by counsel, may
present oral and written evidence, and may cross - examine witnesses. Strict rules of
evidence shall not apply. Any relevant evidence may be admitted as determined by the
hearing officer if it is the sort of evidence on which responsible persons are accustomed
to rely in the conduct of serious affairs.
(b) After submission of all the evidence, and not more than fifteen (15) calendar days after
the hearing, the Town Manager or hearing officer designee may orderthe animal released
without conditions, may designate the animal potentially dangerous or dangerous, or
vicious, may order release with conditions, may order the animal destroyed, or may make
other orders as the Town Manager determines appropriate to fulfill the needs of the
animal and the health and safety of the public based on the weight of the evidence. The
decision of the Town Manager shall be final. Any release conditions imposed by the Town
Manager, which may include but shall not be limited to spaying and neutering, shall be
solely in the interest of protecting public health, safety, and property. The owner or
keeper of the animal shall be notified in writing of the determination and orders issued,
either personally or by first -class mail.
(c) The Town Manager or hearing officer designee may assess administrative costs incurred
by the Town in connection with the appeal against the animal owner in his /her discretion.
(d) Any person aggrieved by the decision of the Town Manager or the hearing officer
designee may obtain review of the administrative decision by filing a petition for review
with the Superior Court in Santa Clara County in accordance with the timelines and
provisions set forth in California Government Code section 53069.4.
Sec. 4.30.045. - Failure to appeal impoundment.
Any person who falls to appeal any seizure or impoundment by the Town Manager or animal
control officer under this Chapter within seventy -two (72) hours from impoundment as
specified in Section 4.30.030 shall forfeit all rights of ownership and control of the animal. All
rights of ownership and control shall be transferred to the Town. Final disposition of the animal
shall be determined in accordance with the provisions of this Chapter and State law. Failure to
appeal any determination of conditions of keeping or designation by the Town Manager or
animal control officer under this Chapter within seventy -two (72) hours of notice of those
determinations or designations being served shall constitute a failure to exhaust administrative
remedies and result in those determinations or designations being final.
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Sec. 4.30.050. - Adoption of animals.
(a) Any person adopting an unspayed or unneutered dog or cat from any humane society
animal shelter, public pound or society for the prevention of cruelty to animals shelter or
its like in the County of Santa Clara shall have said animal spayed or neutered on or before
a date specified in the adoption agreement unless a licensed veterinarian states in writing
that the date specified in the adoption agreement is inappropriate for the animal in
question. On submission of such written statement to the person at such shelter or pound
responsible for ensuring compliance with this section, the adoption agreement will be
modified accordingly.
(b) As a condition for adoption, the person adopting an animal may be required to deposit
with the pound or shelter an amount sufficient to cover the cost of spaying or neutering
such animal by a veterinarian or spaying or altering clinic designated by the person
adopting the animal. The deposit shall be forwarded to the veterinarian or clinic upon
receipt by the pound or shelter of a notice from the veterinarian or clinic that the cat or
dog has been spayed or neutered.
ARTICLE IV. - DOGS AND CATS
Sec. 4.40.005. - Restraint of dogs.
(a) The owner or person with the right to control any dog shall keep such dog under his or
her own physical restraint by means of a leash not to exceed six (6) feet in length, or shall
keep such dog confined behind a fence not less than six (6) feet high. This section shall
not apply to the following:
(1) Guide dogs for the blind or deaf while performing their duties;
(2) Dogs participating in field or obedience trails or exhibitions as permitted by the Town;
(3) Dogs assisting a security guard or assisting a peace officer engaged in law
enforcement activities;
(4) Dogs assisting their owner /handler in legal hunting or in the herding of livestock;
(5) Dogs within an off -leash area designated by the Town;
(6) Dogs being trained for any of the above purposes on private land with permission of
the landowner, so long as such dogs are under direct control of such individuals to
assure that they do not violate any other provision of law.
(b) Potentially dangerous dog maintenance requirement:
In addition to subsection (a) above, the following requirements for the maintenance of a
potentially dangerous dog are as follows:
(1) A sign advising of the presence of a potentially dangerous dog shall be posted at the
entrance to every place wherein any such dog is confined. The sign shall be capable of
being understood by a child with normal reading skills of a second grader.
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(2) A potentially dangerous dog must be restrained by a person with the physical
capability to control the dog.
(3) A potentially dangerous dog must wear a muzzle, head collar or head halter type
device, as determined by the Town Manager or hearing officer, and be on a sturdy, non -
retractable leash of no more than six (6) feet in length when it is on any public street or
in any other public place or upon any private place or property or common area of any
planned development, cluster, townhouse, or condominium project unless the dog
owner /guardian or person with a right to control the dog has obtained the consent of the
owner /guardian or person in control of the private place or property or common area of
the planned development, cluster, townhouse, or condominium project.
(4) A potentially dangerous dog must be spayed or neutered.
(5) A potentially dangerous dog must have a microchip implant for identification
purposes.
(c) In addition to subsections (a) and (b) above, the owner or person with the right to control
a dangerous dog shall:
(1) Keep the dog under his or her own physical restraint by means of both a sturdy,
non - retractable leash not to exceed three (3) feet in length and capable of
restraining four (4) times the weight of the dog; and be attached to an escape -proof
commercial quality walking harness that fastens securely across the shoulders and
mid -chest encompassing the rib area and upper abdomen of the dog. Neck collars
alone of any type or material, will not be sufficient. The dog must be securely
muzzled with a device constructed to allow normal respiration but impossible for
the dog to remove without human assistance. The Town Manager or hearing officer
will make the final determination as to the efficacy of these restraint methods. The
dog must be under the direct physical control of a person eighteen (18) years old or
older who is physically capable of restraining the animal when the animal is off the
property of the owner /guardian with the right to control the animal.
(2) Ensure that when the dog is in a house, apartment, building or similar structure,
that the windows and doors of same are secured to prevent the dog from exiting
without the assistance of the owner or person with the right to control such dog and
that, when inside, the dog does not pose a threat to other occupants of the
premises.
(3) Post a sign advising of the presence of a dangerous dog at the entrance to every
place wherein any such dog is confined. The sign shall be capable of being
understood by a child with normal reading skills of a second grader.
(4) The Town Manager or designee may, in his or her discretion, require that a
dangerous dog be maintained in an enclosed and locked pen or kennel having
secured sides and a secured top attached to the sides, and having a secure bottom
or floor attached to the side, or with sides embedded not less than two (2) feet into
the ground. When outside, said pen must be behind a fence not less than six (6) feet
high.
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(5) It is understood that the provision of subsection (c)(4), above, shall not apply to
the owner or person with the right to control a dangerous dog living in an apartment
or condominium.
(6) A dangerous dog is subject to special dog permit tag requirements under Section
4.40.020.
(7) The dog owner /guardian or person with a right to control the dog must attend a
dog obedience class with the dog that exhibited the behavior leading to its
designation of dangerous. Pre - approval to attend such class may be required by the
administrator of the dog obedience class.
(d) In addition to subsections (a), (b) and (c) above, the owner or person with the right to
control a vicious dog shall maintain the dog as follows:
(1) Outdoors:
A. The dog must be confined by means of a securely enclosed escape - proof,
locked kennel, or pen. Such kennel, pen or structure must have secure sides and
a secure top attached thereto. The kennel or pen must be constructed in a
manner and of such material so that it cannot be broken down by any action of
the confined dog. All structures used for confinement of dangerous or vicious
dogs must be locked with a key or combination lock of sufficient strength to
ensure confinement of the dog. Such structures must be erected upon a secure
bottom or floor constructed of concrete or other material of sufficient depth to
prevent the dog from digging free.
B. The supporting posts of the structure must be set in concrete or other
material not less than two (2) feet into the ground and no further than six (6)
feet apart. The sides and ends of the structure must be constructed of solid
boards or chain -link material not less than six (6) feet in height and securely
fastened to the top and bottom of the structure. The structure may not be
constructed or maintained in any front or required side yard and must be
maintained in a sanitary condition at all times. The dog(s) confined therein must
be afforded adequate protection from the elements and kept in a humane
manner.
C. The escape - proof, locked kennel or pen may not be enclosed by an outdoor
fence less than six (6) feet high.
(2) Indoors: The dog must be confined by means of a house, apartment, building, or
similar structure wherein the windows and doors are secured to prevent the dog
from exiting without the assistance of either the owner /guardian or person with a
right to control the dog, and the owner must ensure that the dog is not a threat to
other occupants of the premises.
(3) The Town Manager or hearing officer may impose additional conditions upon the
ownership /guardian and control of a vicious dog if the hearing officer determines
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that under these additional conditions the dog would not present a significant threat
to the public health, safety, and welfare.
(4) If the Town Manager or hearing officer determines that a dog is vicious but
additional conditions upon the ownership /guardianship and control of the dog will
not sufficiently mitigate a significant threat to the public health, safety, and welfare,
the hearing officer may order the dog be destroyed by the Town in accordance with
the law.
(e) Violation of this section shall be punishable as a misdemeanor.
Sec. 4.40.010. - Maximum number of dogs, cats or litters.
(a) There shall be no more than three (3) dogs over four (4) months of age, or four (4) cats
over four (4) months of age at any premise or street address. In no event shall there be
more than one unspayed cat over four (4) months old and one unspayed dog over four
(4) months of age on any premises. In no case shall there be more than five (5) total adult
animals over four (4) months of age at any premise or street address. This restriction shall
not apply to premises maintained by a veterinarian licensed by the State of California for
the practice of veterinary medicine or premises with a valid permit from the Town
Manager for a private kennel, commercial kennel, pet shop, animal menagerie, or animal
shelter. A female dog or cat shall be rebuttably presumed to be unspayed unless the
owner provides evidence of spaying. Written certification from a licensed veterinarian
that an animal cannot be spayed for health reasons or is incapable of breeding shall be
deemed a satisfactory substitution for a certificate showing an animal is spayed.
(b) No person shall allow the parturition and rearing of more than one (1) litter of dogs or
cats in any one (1) calendar year from females owned by him or her or maintained on his
or her premises without a valid permit from the Town Manager for a private kennel,
commercial kennel, or animal shelter.
Sec. 4.40.015. - Vaccination of dogs and cats.
Every owner of a dog or a cat over four (4) months of age shall cause such dog or cat to be
vaccinated with an anti - rabies vaccine approved by the State Department of Public Health.
Revaccination shall be made at such intervals of time as may be prescribed by the State
Department of Public Health. Compliance with the provision of this section shall be a condition
to the issuance or renewal of dog and cat licenses. Violation of this section shall be punishable
as a misdemeanor.
Sec. 4.40.020. - Registration of dangerous dogs.
(a) Every owner of a dangerous dog or vicious dog over four (4) months of age shall register
such dog with the Town Manager. Such registration shall be renewed on an annual basis.
A registration fee, and a fee to be charged for multiple inspections of required
confinement facilities for such dogs, shall be fixed by resolution of the Town Council.
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(b) Every owner of a dangerous dog or vicious dog over four (4) months of age shall obtain a
public liability insurance policy from an insurer licensed to practice in the State of
California, a single - incident amount of not less than fifty thousand dollars ($50,000) for a
dangerous dog, and one hundred thousand dollars ($100,000) for a vicious dog. Such
owner shall give written notice to the Town Manager of any cancellation or material
change in such policy at least thirty (30) days prior to the date of such cancellation or
material change.
(c) The owner or keeper shall notify Town Manager or Animal Control Agency immediately if
a dangerous dog is on the loose, is unconfined, has attacked another animal or has
attacked a human being, or has died.
(d) The owner or person having a right to control the dog may not move the place of
residence of the dog within the Town, sell, trade, give away or otherwise transfer
ownership and /or the right to control the dog to a person residing within the Town, unless
the Town Manager has approved the dangerous dog registration for the new location or
approved the new person assuming ownership and /or right to control the dog.
(e) If the dog owner or person having a right to control the dog decides to sell, trade, give
away or otherwise transfer ownership and /or the right to control the dog to a location
outside of the Town and /or to another person residing outside the Town, the person
transferring ownership or control shall: (1) Notify the Animal Control Agency at least five
(5) business days prior to the physical transfer of the dog; and (2) Provide the Animal
Control Agency with the name, address and telephone number of the new owner or new
person having a right to control the dog.
(f) An animal control officer is hereby empowered to make whatever inquiry is deemed
necessary to ensure compliance with the provisions of this chapter, and any such officer
is hereby empowered to seize and impound any dangerous dog whose owner fails to
comply with the provisions hereof.
(g) Owners of dangerous dogs unable to meet the requirements of subsection (a) or (b)
through (e), above, shall surrender the dogs to the Town Manager for humane
destruction or other disposition, by discretion of the Town Manager.
(h) Violation of this section shall be punishable as a misdemeanor.
Sec. 4.40.025. - License required.
No person shall maintain or board any dog or cat four (4) months of age or older that has not
been licensed pursuant to the provisions of this Article, except:
(a) A license shall not be required for an animal owned or under the control of a non - resident
of the Town, and that is to be kept in the Town for less than thirty (30) days in any twelve
(12) month period.
(b) A license shall not be required for dogs or cats temporarily brought into the Town for
entry into an event, show, or exhibition scheduled not more than ten (10) days thereafter.
Cross reference— Licenses and miscellaneous business regulations, Ch. 14.
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Sec. 4.40.030. - License fees.
(a) License fees for each dog and cat within the Town, including reduced fees for spayed
females or neutered males, shall be fixed by resolution of the Town Council. Dog license
fees shall not be refundable.
(b) The Town Manager may require the submission of a certificate of a licensed veterinarian
stating that a dog or cat has been spayed or neutered or cannot be spayed or neutered
for health reasons and is incapable of breeding, or is biologically incapable of breeding,
prior to issuance of a license of a lesser fee.
(c) The Town Council, by resolution, may fix an additional fee to be paid for a license
purchased more than sixty (60) days after expiration of a previously issued license, or
more than sixty (60) days after the deadline for purchase of a license as required under
section 4.40.025 of this Code.
(d) Licenses and tags for dogs used principally for the purpose of guiding persons who are
blind or deaf, and for dogs used in law enforcement by governmental agencies shall be
issued upon request without charge.
Sec. 4.40.035. - Issuance of license.
(a) Upon payment of the license fee, presentation of a valid certificate of vaccination by a
duly licensed doctor of veterinary medicine, and when required, presentation of a
dangerous dog registration and a valid certificate of public liability insurance from an
insurer licensed to practice in the State of California, the Town Manager will issue a
license stating the name and residence of the person to whom the license is issued, the
amount paid, the date of issuance thereof, the date of expiration of the vaccination, the
date of expiration of the dangerous dog registration, the date of expiration of the public
liability insurance, and a description of the dog or cat for which the license is issued,
together with the number of the metallic tag accompanying the same.
(b) Notwithstanding and subject to the provisions of section 4.40.020 (d) and (e), owners of
dangerous or vicious dogs shall notify the Town Manager, in writing, of any changes of
address within fourteen (14) days of the date of such change.
(c) Notwithstanding subsection (a) above, the Manager, in the Manager's discretion, may
refuse to issue or renew a license for a period of not more than two (2) years when such
refusal is deemed reasonably necessary to protect public health, safety and property.
Sec. 4.40.040. - Metal tags.
(a) With each dog or cat license, the Town Manager or designee will issue a metal tag bearing
an identifying number and the words and letters "Los Gatos Dog Lic." or "Los Gatos Cat
Lic.," as applicable. Each dog or cat shall wear the metal tag issued for it at all times except
when being shown at a dog or cat show, exhibition or event or when it is in a fully enclosed
structure in the owner's premises. In the event it is necessary to issue a duplicate tag, a
fee set by the Town Council shall be charged to the owner.
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(b) It shall be unlawful for any person to attach a metal tag issued pursuant to this section to
any dog or cat other than the dog or cat for which it is issued.
Sec. 4.40.045. - License period.
(a) The term of any dog or cat license issued hereunder shall commence on the date of the
issuance of the license and shall terminate either twelve (12) months from the date of
issue, or for dogs twelve (12) months or older and cats, twenty -four (24) or thirty -six (36)
months from date of issue dependent on license fee and vaccination status tendered.
(b) Dog and cat licenses shall be renewed upon expiration. When a license is renewed after
the expiration date, the new license period shall begin on the expiration date of the
previous period.
Sec. 4.40.050. - Record of licenses.
The Town Manager or designee will keep a record of all licenses issued by him or her, together
with a description of the dog or cat for which such license is issued.
Sec. 4.40.055. - Presentation of license on request.
Upon request of any authorized animal control employee or any peace officer, the owner or
person having control of a dog or cat shall present the dog's or cat's license to that person.
Sec. 4.40.060. - Veterinarian responsibilities.
(a) Every veterinarian who vaccinates or causes or directs to be vaccinated in the County any
dog or cat with anti - rabies vaccine shall use a form provided by the Town certify that such
animal has been vaccinated.
(b) Every veterinarian shall provide to the animal owner a copy of the anti - rabies vaccination
form for use in obtaining a license for the animal.
(c) Every veterinarian operating a business within the Town of Los Gatos shall conspicuously
display a sign to notify dog and cat owners that their animals must be licensed.
ARTICLE VI. - ANIMAL ESTABLISHMENTS
Cross reference— Licenses and miscellaneous business regulations, Ch. 14.
Sec. 4.60.005. - Permit required.
No person shall conduct, operate or keep any pet shop, commercial kennel, private kennel, pet
grooming parlor, animal menagerie, animal shelter, or horse establishment without first
obtaining an appropriate permit from the Town Manager. The annual permit fee for the above
animal facilities shall be fixed by resolution of the Town Council. Such establishments shall
conform to the California Health and Safety Code Part 6, Chapters 1 -11.
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Sec. 4.60.010. - Application for permit.
(a) An application for a permit to operate and keep a pet shop, commercial kennel, private
kennel, pet grooming parlor, animal menagerie, animal shelter, horse establishment, or
dangerous animal shall be in writing on a form approved by the Town Manager. The
applicant shall furnish a list of the types of animals to be maintained or used for any
purpose, together with the approximate number of animals of each type.
(b) The Town Manager may establish regulations and standards relating to:
(1) The maximum number and species of animals to be kept or maintained on the
premises;
(2) The construction, sanitation and maintenance of facilities; and
(3) Any other regulations and standards in conformity with and for the purpose of
carrying out the intent of this article.
Compliance with such rules and regulations shall be prerequisite to the issuance and continued
validity of any permit provided pursuant to this chapter when approved by the Town Council.
(c) Permittee shall maintain a record of the names and addresses of persons from whom
animals are received and to whom the animals are sold, traded or given. This shall be
available to the Town Manager upon request.
Sec. 4.60.015. - Conditions relating to animal facilities.
Every person who owns, conducts, manages or operates any commercial kennel, private
kennel, pet shop, pet grooming parlor, animal menagerie, animal shelter, or house
establishment shall comply with each of the following conditions:
(a) Housing:
(1) Housing facilities for animals shall be structurally sound and shall be maintained
in good repair to protect animals from injury and restrict entrance of other
animals or the escape of animals so contained therein.
(2) Every building or enclosure wherein animals are maintained shall be properly
ventilated to prevent drafts and to remove odors; heating and cooling shall be
provided as required, according to the physical need of the animals, with
sufficient light to allow observation of animals.
(3) All animal rooms, cages, kennels, runs, stalls and corrals shall be sufficient size to
provide adequate and proper accommodation and protection from the weather
for the animals kept therein.
(4) All animal facilities shall be constructed and operated in a manner that
reasonably protects public health and safety and safety of the animals.
(b) Sanitation:
(1) All animal facilities shall be maintained and operated at all times in a clean and
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sanitary condition, and in a manner that avoids causing odors or attraction of
flies and vermin, and excessive noise.
(c) Care of animals:
(1) All animals shall be supplied with a quantity of wholesome food suitable for the
species and age of the respective animals, as often as the feeding habits of such
animals require, sufficient to maintain a reasonable level of nutrition. All animals
shall have available to them sufficient portable water. Food and water shall be
served in separate, clean receptacles.
(2) No animal, except those animal(s) in a pasture provided with adequate feed and
water, shall be without attention for more than twenty -four (24) consecutive
hours. The name, address and telephone number of a person responsible for the
animal shall be posted in a conspicuous place, visible from outside the facility or
at the main gate of a pasture where animals are kept, unless the owner or
attendant of the animal(s) is immediately available on the premises.
(3) All sick, diseased or injured animals shall be isolated from healthy animals at all
times and shall be given proper medical treatment. The Town Manager may
order the operator of the facility to immediately seek licensed veterinarian
treatment for any animal.
(4) All animals shall be treated in a humane manner.
(d) Compliance:
(1) The Town Manager shall have the authority to enter the animal facility when he
or she has reason to believe that the provisions of the permit, this chapter or
applicable State law, are being violated. The failure of the operator to consent to
the entry shall be deemed just cause for the revocation of the permit.
(2) Failure of an applicant or a permit holder to comply with any of the provisions of
the permit, this chapter, or applicable State law, shall be deemed just cause for
the denial of any permit, either original or renewal, or for revocation of a permit.
Sec. 4.60.020. - Expiration and removal of permit.
(a) Any permit issued under this Article shall expire twelve (12) months from the date of
issuance. The procedure for the renewal of a permit shall be the same as for an original
permit.
(b) Upon failure to make application for the renewal of a permit within thirty (30) days of the
expiration of a permit, or prior thereto, the applicant shall pay in addition to the permit
fee a penalty for late renewal as set by Town Council resolution.
Sec. 4.60.025. - Inspection.
As a condition to the issuance or renewal of a permit under this article, the Town Manager or
authorized representative shall have the authority to inspect an animal facility subject to this
Article at any reasonable time.
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Sec. 4.60.030. - Denial or revocation of permit.
The Town Manager may deny or revoke any permit issued pursuant to this Article in the
following situations:
(a) Whenever determined by inspection that any animal facility fails to meet any of the
conditions of the permit, this chapter, or applicable State law.
(b) Whenever there is reason to believe that the applicant or permit holder has willfully
withheld or falsified any information required for a permit.
(c) If the applicant or permit holder has been convicted by a court of law of more than two
(2) violations in a twelve -month period of this chapter, or state laws relating to animals
or public nuisance caused by animals, or has been convicted of cruelty to animals in this
or any other state within the previous five (5) years. For the purposes of this section, a
bail forfeiture shall be deemed to be a conviction of the offense charged.
Sec. 4.60.035. - Appeal from denial or revocation of permit.
(a) Prior to denial or revocation of a permit, the Town Manager shall notify the applicant in
writing of the intent to deny or revoke the permit, the reasons for such denial or
revocation, and that the applicant may make a written request for a hearing to the Town
Manager within five (5) days after receipt of such notice if the applicant wishes to
challenge the denial or revocation.
(b) The Town Manager shall set the time and place for hearing and cause notice of such
hearing to be mailed to the person requesting such hearing at least five (5) days before
the date of the hearing. The hearing shall be conducted according to section 4.40.040.
Sec. 4.60.040. - No new permit after denial or revocation.
If a permit has been denied or revoked, the Town Manager will not accept a new permit
application from the same person for the same activity at the same location less than six (6)
months after such denial or revocation, unless the applicant shows, and the Town Manager
finds, by inspection and /or investigation, that the grounds upon which the first application was
denied or the permit revoked no longer exist.
Sec. 4.60.045. - Permit not transferable.
Permits issued pursuant to the provisions of this article shall not be transferable.
Sec. 4.60.050 — Animal rescuer and Trap- Neuter - Return registration.
(a) Except as otherwise provided in this Title, any person or organization that maintains
more than the number of adult animals allowed under this Chapter and Chapter 29, or
who conducts activities consistent with the definitions of Animal Rescue or Trap- Neuter-
Return (TNR), shall register with Town Manager or designee Animal Control Agency as
an animal rescuer or TNR activist. In order to register as an animal rescuer or TNR
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activist, the applicant must provide the following information:
(1) Verifiable proof of membership in or status as a State of California not - for - profit
corporation that meets the requirements of Internal Revenue Code Section
501(c)(3) and is in good standing with the State of California.
(2) Verifiable proof that animal adoption and placement of rescued animals with a new
and permanent owner in a new home is one of its primary organizational goals and
proof of a history of placement of animals with new and permanent owners in new
homes.
(3) Verifiable proof of membership in or an affiliation with a recognized, legitimate
organization or group with a history of active Trap- Neuter - Return activity.
(4) The location of the rescue or TNR work to be performed and the identity and
contact information of the person(s) responsible for the care of the animals at that
location.
(5) A description of the practices that will be employed by the person or organization
in conducting rescue or TNR work;
(6) Payment of the registration fee in an amount established by resolution of the Town
Council;
(7) Agreement from the applicant to abide by the requirements set forth in this
Chapter, and;
(8) Agreement from the applicant to any other conditions reasonably necessary for the
proper care and maintenance of the animals.
Sec. 4.60.055 — Maintenance of animal rescuer or TNR activist registration.
(a) In order to maintain a valid animal rescuer or TNR activist registration, the animal
rescuer or TNR activist shall comply with each of the following requirements:
(1) Rescue work and TNR activity such as the temporary housing and care of
domestic animals, or feeding for the purpose of trapping, shall be performed in
conformity with all standards of animal care and housing set forth by state and
local law;
(2) Rescue work and TNR activity shall not create a public nuisance;
(3) The animal rescuer and TRN activist shall cooperate with the animal control
organization during investigations of complaints and inspections of animal areas;
and
(4) The animal rescuer and TNR activist shall limit the number of animals
maintained at the registered location if the Animal Control Officer deems
limitations are necessary because of space, finance, effect on surrounding area,
history or any other criteria relevant to the animal rescuer's or TNR activist's ability
to maintain the animals.
(b) The Town Manager or Animal Control Agency may revoke the animal rescuer or TNR
activist registration if the holder of the registration fails at any time to satisfy one or
more of the requirements specified in subsection (a).
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ARTICLE VII. - DANGEROUS AND EXOTIC ANIMALS
Sec. 4.70.005. - Permit for dangerous and /or exotic animals.
(a) No person shall keep, have, maintain, sell, trade, or let for hire a dangerous and /or exotic
animal without first obtaining a permit from the Town Manager. The application for a
permit, permit conditions, inspection, denial, revocation, and appeal shall be the same as
set forth in sections 4.60.005, 4.60.015, and 4.60.025 through 4.60.045, inclusive, of this
chapter.
(b) No permit shall be required of any zoo, university, college, governmental research agency,
or other bona fide scientific institution, as determined by the Town Manager, engaging in
scientific or public health research. For the purposes of this article, a zoo shall be
considered any organization that exhibits animals to the general public at regular
specified hours, equaling at least thirty (30) hours a week for thirty -six (36) weeks a year,
and whose animals, whether maintained for exhibit purposes or not, are not for sale to
private individuals.
(c) The owner of a dangerous and /or exotic animal shall post at the entrances to the
property where the animal is kept with a legible sign at least twelve (12) inches square,
warning persons of a dangerous and /or exotic animal.
Sec. 4.70.010. - Permit denial.
Notwithstanding anything to the contrary, the Town Manager may deny or revoke a permit to
keep or maintain any dangerous or exotic animal when, in his or her opinion:
(1) Any such animal may not be kept or maintained without endangering the safety of any
person(s) or property; or
(2) The keeping of the animal would constitute a public nuisance; or
(3) The animal would be subject to suffering, neglect, cruelty or abuse.
The Town Manager in his or her discretion may require any such animal to be properly caged,
tethered, or restrained in zoo -type facilities that meet or are in addition to, or more restrictive
than, state guidelines issued under the provisions of section 671 of title 14 of the California
Code of Regulations and federal standards issued under chapter 1 of title 9 of the Code of
Federal Regulations. Nothing in this article shall be construed to permit the keeping of
dangerous animals where zoning provisions or state law would prohibit such keeping.
Sec. 4.70.015. - Permit period and fee.
The fee for a permit to keep or maintain one (1) dangerous animal for a twelve -month term,
and the fee for each additional dangerous animal shall be set by Town Council Resolution. The
permit shall expire and be renewable as set forth in section 4.40.045.
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ARTICLE VIII. - BEEKEEPING
Sec. 4.80.005. - "Apiary" defined.
As used in this article, "apiary" means bees, hives and appliances wherever the same are kept,
located or found.
Sec. 4.80.010. - "Bees" defined.
As used in this article, "bees" means honey - producing insects of the species Apis mellifera,
including the adults, eggs, larvae, pupae or other immature states thereof, together with such
materials as are deposited into hives by their adults, except honey and rendered beeswax.
Sec. 4.80.015. - "Hive" defined.
As used in this article, "hive" means any receptacle or container made or prepared for the use
of bees, or a box or similar container of which bees have taken possession.
Sec. 4.80.020. - "Location" defined.
As used in this article, "location" means any premises upon which an apiary is located.
Sec. 4.80.025. - Notice required when moving apiaries.
No apiary shall be moved into the Town or within the confines of the Town without notice in
writing being given to the agricultural commissioner of the County within five (5) days from the
date movement is begun, stating:
(a) The number of colonies of bees to be moved into or within the Town.
(b) The location of the property in the Town to which bees are to be moved, and the name
and address of the owner of the property or person in possession thereof.
(c) The distance of the proposed location of the apiary from the nearest public road
intersection.
Sec. 4.80.030. - Location of apiary.
No apiary shall be located:
(a) At a distance less than one thousand (1,000) feet from the nearest residence, church,
school, public building, corral or water area in the corral unless the owner or persons in
possession thereof has given written permission to the location of said apiary at a closer
distance.
(b) On any lands without the written consent of the owner or person in possession thereof.
(c) Closer than three hundred (300) feet from any public road.
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Sec. 4.80.035. - Water supply.
A water supply adequate in quantity for the apiary should be provided and maintained.
Sec. 4.80.040. - Identification of premises.
Every person maintaining any apiary on premises other than their own residence shall identify
the apiary by affixing and maintaining signs thereto showing the name of owner or person in
possession of the apiary, the owner or person's address and telephone number, or a statement
that the owner or person has no phone. These signs shall be prominently placed and
maintained on each entrance side of the apiary and immediately adjoining the same and
lettered in black at least one (1) inch in height on a white or light background.
Sec. 4.80.045. - Notice, correction of violation.
Any person transporting or maintaining an apiary who violates any of the provisions of this
article may be given verbal or written notice by the agricultural commissioner of the County or
any law enforcement officer. A written notice shall also be posted on the location for forty -
eight (48) hours, and it shall be unlawful for the owner or person in possession of said apiary to
fail to correct the violations within that period. The provisions of this article, however, shall not
authorize the keeping of bees in areas where they are not otherwise allowed by law.
Sec. 4.80.050. - Penalty, abatement.
Every person violating any provision of this article who has been given notice thereof as
prescribed herein shall be guilty of a misdemeanor.
ARTICLE X. - SALE OF ANIMALS
Cross reference— Licenses and miscellaneous business regulations, Ch. 14.
Sec. 4.100.005. - Sale of cats or dogs.
No person or establishment other than a government operated animal shelter shall sell,
exchange or barter any cat or dog under eight (8) weeks of age. Proof of age of the dog or cat
may be required by the Town Manager. Proof of age may include but not be limited to a
certification by a licensed veterinarian attesting to the animal's age. Sales of animals shall
conform to the California Health and Safety Code Part 6, Chapters 1 -11.
Sec. 4.100.010. - Immunization.
All cats or dogs over eight (8) weeks of age, before they are sold, shall be immunized against
common disease, which include but may not be limited to: in the case of dogs against
distemper; in the case of cats against panleukopenia, rhinotracheitis, calicivirus and chlamydia.
The seller of a dog or cat shall provide to the buyer at the time of sale a signed statement from
the seller attesting to the date of vaccination and the seller's knowledge of the animal's health.
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Such statement shall also include the animal's immunization history, and the record of any
known disease, sickness or internal parasites that the animal is afflicted with at the time of
transfer of ownership, including treatment and medication.
Sec. 4.100.015. - Return of dog or cat.
(a) Any person purchasing a dog or cat from a person or establishment required to be
licensed or registered pursuant to this chapter may, within five (5) days of such purchase,
cause such animal to be examined by a veterinarian licensed by the State of California;
and, if such examination reveals clinical signs of a contagious or infectious disease or
serious congenital defects, not otherwise disclosed to the purchaser as required by
section 4.100.010, the purchaser may, within one (1) day of the examination, return such
animal to the seller. When returned, such animal must be accompanied with a certificate
signed by the examining veterinarian stating examination findings. Upon return of such
animal for the reasons stated in this section, the seller shall reimburse the purchaser for
the cost of the animal.
(b) If the seller refuses to reimburse the purchaser for the cost of the animal upon purchaser's
offer to return it, the purchaser may file a complaint with any judge of the municipal court
stating a cause of action for violation of this section.
ARTICLE XII. - HORSES DIVISION 1. - GENERALLY
Sec. 4.120.005. - Keeping as pets.
Horses may be kept as pets in any zone in the Town, subject to the regulations of Sections
4.120.020, 4.120.025, 4.120.030, 4.120.035, 4.120.105 and 4.120.125, and other applicable
provisions of the Town Code.
Sec. 4.120.015. - Holding amateur horse events.
Amateur horse events may be held in any zone in the Town, subject to the regulations in
sections 4.120.005, 4.120.035, 4.120.105 and 4.120.125, and other provisions of the Town
Code.
Sec. 4.120.020. - Land area requirements.
On parcels of land having an area of forty thousand (40,000) square feet or more, a horse barn
or shelter may be constructed pursuant to the requirements of this article and one (1) pet
horse may be kept for each twenty thousand (20,000) square feet of area, plus one (1) pet
horse. The foal, under nine (9) months of age, of a mare lawfully kept on the premises is not
counted in determining the number of pet horses that may be kept.
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Sec. 4.120.025. - Location of horse facilities.
Regardless of whether a permit is required for keeping pet horses:
(1) Horse barns and shelters shall be located at least thirty (30) feet from the rear and
side property lines, at least twenty -five (25) feet from any dwelling on the same
premises, and at least sixty (60) feet from any dwelling or swimming pool on adjacent
premises if such dwelling or swimming pool exists when the horse barn or shelter is
built.
(2) Corrals and pens shall be located at least three (3) feet from any property line and at
least sixty (60) feet from any dwelling or swimming pool on adjacent property, if such
dwelling or swimming pool exists when the corral or pen is built.
Sec. 4.120.030. - Structural requirements for horse barns and shelters.
Horse barns and shelters shall meet the following requirements:
(1) They shall not be over twenty -two (22) feet high.
(2) All exterior materials shall not exceed Reflectivity Index of 30.
(3) All plumbing fixtures shall be served by a two -inch diameter building drain. Building drains
in excess of two (2) inches in diameter may be approved by the Planning Director upon
good cause shown.
Sec. 4.120.035. - Limitations on amateur horse events.
Amateur horse events shall not be held on parcels of land having less than five (5) acres area,
nor for more than twelve (12) days on any single parcel of land in one (1) calendar year.
Secs. 4.120.040- 4.120.100. - Reserved.
DIVISION 2. — PERMIT
Sec. 4.120.105. - Required.
The keeping of pet horses on the same premises as, and incidental to the use of a single - family
residence is allowed without permit. Pet horses may be kept under other circumstances only
when a permit to keep them has been issued by the Planning Director, or when a conditional
use permit authorizing them to be kept has been issued under the rules of the zone where the
parcel is located, if the rules of the zone provide for a conditional use permit. Amateur horse
events may be held only when a permit for the specific event has been issued by the Planning
Director.
Sec. 4.120.110. - Applications— Contents.
The Planning Director may require that applications for permits required by this Article contain
plot plans and elevations of any structures, proposed or existing, to the extent reasonably
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necessary to show what conditions the animals will be subjected to, and what effects keeping
them, and human activities associated with their keeping, will have on the community.
Sec. 4.120.115. - Same— Submission to and review by Health Officer.
The Planning Director shall promptly send a complete copy of any application for a permit
required by this division to the Health Officer for review and shall not issue a permit until the
Planning Director receives and considers the advice of the Health Officer.
Sec. 4.120.120. - Same — Notification.
At least ten (10) days before granting any application for a permit required by this division, the
Planning Director shall give written notices describing the application. The notice shall be
posted in one location readily visible to the public on, or reasonably near, to the parcel of land
where the animals are proposed to be kept and mailed addressed to the owner of each other
parcel of land any part of which is within three hundred (300) feet of the parcel of land where
the animals are proposed to be kept. The mailed notices shall be addressed to the owners of
neighboring parcels as shown on the latest County equalized assessment roll.
Sec. 4.120.125. - Standards for issuance.
The Planning Director will issue a permit for keeping pet horses other than on the same
premises as, and incidental to the use of a single - family residence, or for holding an amateur
horse event if the Planning Director finds, after taking into account:
(1) The size and location of the premises where the horses would be kept, or the event held;
(2) The character of the neighborhood;
(3) The number of horses involved;
(4) The facilities existing and to be provided on the premises;
(5) In appropriate instances, the provision for parking and for guests or spectators, that the
horses will be treated safely and humanely, that there will be no adverse effects on the
safety or health of persons, that there will be no detrimental effect on or change of
character of the neighborhood, nor any disturbance of persons in the peaceful enjoyment
of their property. If the Planning Director does not so find, the permit shall not be issued.
Sec. 4.120.130. - Contents.
The Planning Director may include such conditions in the permit as are reasonably necessary to
assure that the standards of section 4.40.125 are met. When the permit is for an event, it shall
specify the date of the event. When reasonably necessary to fulfill the standards of section
4.40.125, the permit shall contain an expiration date, and specify the terms, if any, on which
renewal will be permitted.
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Sec. 4.120.135. - Modification or revocation.
At any time when the Planning Director has reasonable cause to believe that a permit issued
under this division ought to be modified or revoked, the Planning Director shall give mailed
notice to the permittee and the owners of neighboring land specified in section 4.40.120, in the
manner specified in section 4.40.120, for mailed notice, except that such notice period shall be
fifteen (15) days. Before modifying or revoking a permit, the Planning Director shall consider all
evidence presented by the permittee and any other person. The Planning Director shall revoke
or modify a permit when the Planning Director finds that such revocation or modification is
necessary to meet the standards specified in section 4.120.125.
Sec. 4.120.140. - Appeal.
Any interested person may appeal a decision of the Planning Director under this article by filing
an appeal pursuant to section 29.20.255 and following.
ARTICLE XIII. - PIGEONS
Sec. 4.130.010. - Intent.
(a) The intent of this article is to permit only those pigeon lofts in residential zones which can
and will be maintained in such a manner that will protect the health and safety of the
community, and will not become a public nuisance.
(b) It is not the intent of this article to regulate agricultural - commercial poultry operations
which are regulated under Chapter IX of Division B4 of Title B of the County Ordinance
Code.
Sec. 4.130.015. - Definitions.
As used in this article, the following terms shall have the meanings indicated in this
section, unless the context clearly requires otherwise:
Director means Director of Environmental Health Services or the designated
representative of the Director of Environmental Health Services.
EHS means the Environmental Health Services of the EMA.
EMA means the Environmental Management Agency of the County of Santa Clara.
Leg band means a ring of metal or plastic which bears thereon the means of identifying
the individual bird and its owner or keeper.
Mature birds mean those pigeons aged six (6) months or over.
Permit means a license issued by EHS for the maintenance of a pigeon loft.
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Pigeon loft means only such structures for the keeping of pigeons as are duly licensed as
herein provided.
Pigeons means and includes only those birds of the family Columbidae, which are
maintained and housed by the owner or keeper thereof in a pigeon loft and which must be
identified by means of leg bands.
Cross reference— Definitions and rules of construction generally, § 1.10.015.
Sec. 4.130.020. - Permit — Required; application.
No person shall keep, maintain, or harbor in excess of twelve (12) pigeons in any residentially
zoned area without a permit. EHS will issue a permit to an applicant who applies for such a
permit in writing on a form approved by EHS and meets the requirements of section 4.40.025.
Sec. 4.130.025. - Same — Prerequisites to issuance.
(a) Before EHS will issue a permit required by section 4.40.020, the applicant shall comply
with the following requirements:
(1) The loft shall be of a sufficient size and design and constructed of material that
can be maintained in a clean and sanitary condition.
(2) The construction and location of the loft shall not conflict with the requirements
of any building code or setback line, and shall be at least twenty -five (25) feet from
any occupied human dwelling.
(3) Provide for the feed storage in such a manner that protects against intrusion by
rodents and other vermin.
(4) Provide for the sanitary disposal of all manure at frequent intervals.
(b) The EHS may specify additional conditions to the permit as deemed necessary for carrying
out the intent of this article.
Sec. 4.130.030. - Same— Revocation.
A pigeon loft permit may be revoked by EHS for the violation of any of the requirements of
Sections 4.50.025 and 4.50.050 of this article. EHS shall mail or personally serve the permit
holder with a written notice setting forth the grounds for revocation of the permit and advising
the permit holder that the permit holder has ten (10) days from receipt of the notice to request
in writing a show cause hearing, and that failure to request a hearing will constitute an
admission of the alleged violation, resulting in the immediate revocation of the permit.
Sec. 4.130.035. - Same —Show cause hearing on revocation.
Upon receipt of a written request for a show of cause hearing, EHS shall schedule a hearing
before the Director. The permit holder may present written evidence and oral testimony at the
hearing, and may be represented by legal counsel. The decision of the Director is final. The
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hearing need not be conducted in accordance with technical rules of evidence.
Sec. 4.130.040. - Fees.
(a) A fee shall be charged for each pigeon loft permit in accordance with the number of
mature birds maintained. The fee schedule shall be as established by Council resolution
from time to time.
(b) Each permit shall be renewed annually for a fee as established by Council resolution from
time to time, except that the fee shall be required when the number of mature birds
exceeds the initial or original number permitted.
Sec. 4.130.045. - Exemption.
No permit is required to keep, maintain, or harbor twelve (12) or fewer pigeons in residential
zones. However, the pigeons shall be reasonably confined to the property and maintained in a
sanitary condition, and not a public nuisance.
Sec. 4.130.050. - Management of pigeon loft.
In addition to the requirements set forth in section 4.50.025, the permit holder shall at all times
comply with the following:
(1) The pigeon loft shall be maintained in a clean and sanitary condition.
(2) Manure shall not be allowed to accumulate in the loft or be stored on the premises.
(3) Pigeons shall be confined to the loft, except for limited periods necessary for exercise,
training and /or competition; at no time shall pigeons be allowed to perch or linger on the
buildings or property of other persons.
(4) Spilled or excess feed in or around the loft shall be promptly removed and disposed of in
a manner that does not attract rodents.
Sec. 4.130.055. - Inspection authority.
Pigeon lofts and accessory buildings and property may be inspected at any reasonable time or
interval by EHS.
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SECTION 2. CONSTRUCTION. The Town Council intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent. To the extent the provisions of the Los Gatos Municipal Code as amended by
this Ordinance are substantially the same as the provisions of that Code as it read prior to the
adoption of this Ordinance, those amended provisions shall be construed as continuations of the
earlier provisions and not as new enactments.
SECTION 3. CEQA. The Town Council finds and determines that the adoption of this ordinance
is exempt from the requirements of the California Environmental Quality Act (CEQA) per CEQA
Guidelines under the General Rule (Section 15061(b)(3)), which sets forth that the CEQA applies
only to projects which have the potential for causing a significant effect on the environment. It
can be seen with certainty that the proposed Town Code text amendments will have no
significant negative effect on the environment.
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance
is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not
affect the validity of the remaining portions of this ordinance. The Town Council of the Town of
Los Gatos hereby declares that it would have passed this ordinance and each section or
subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases be declared invalid. Except as expressly
modified in this Ordinance, all other sections set forth in the Los Gatos Town Code shall remain
unchanged and shall be in full force and effect.
SECTION S. EFFECTIVE DATE. This ordinance shall take effect immediately and will be enforced
thirty (30) days after its adoption.
SECTION 6. PUBLICATION AND POSTING. In lieu of publication of the full text of the ordinance
within fifteen (15) days after its passage, a summary of the ordinance may be published at least
five (5) days prior to and fifteen (15) days after adoption by the Town Council and a certified copy
shall be posted in the office of the Town Clerk, pursuant to GC 36933(c)(1).
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Ordinance 2276 September 18, 2018
SECTION 7. INTRODUCTION AND ADOPTION. This Ordinance was introduced at a regular
meeting of the Town Council of the Town of Los Gatos on the 4th day of September, 2018 and
adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town
Council of the Town of Los Gatos on the 18th day of September, 2018.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED: , Q
/'
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: 6
ATTEST:
TOWN CLERK ADNIHMSTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: y"1�, o /s
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Ordinance 2276 September 18, 2018